The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-18
JUDGE AYRgs,s DECISION.

tion as Lleutenant governor. AL the otnef
points decided are either preliminary to or
| naturally flow from this. He says:
'There is no provision in the Constitution
for the election of Governor OF Lieutenant
governor to ill an unexpired term in that
office, but simply providing for some one to
succeed to the discharge of the duties of the
office until a Governor be regularly elected
The Constitution provides that he shall be
elected for a particular term, beginning at
specified time and to last for period of four
years. 1t does not provide for his election
for any shorter period. For these reasons [
think that no election could legally have been
held at the time specified in the petition for
the election of Lieutenant governor, and
that, therefore, the defendant was not legally
elected"
In other words, the court holds, in effect, that
the Lieutenant-governor must be elected at
the general election in the years 1882, SO.
80, ETC.; that he must hold for four years,
and that no situation or condition of facts can
arise that would justify an election for Lieu
tenant governor in any other than these years
or for a shorter term than four years.
With all due respect to the court, we think
it sticks IN the bark of the question, and in
stead Of constituting the Constitution in favor
OF the sovereign right of the people, CONSTITUTES
it to the detriment of popular government
and contrary to the intent Of its trainers and
to the spirit of the Instruments Consti-
tutions are made to promote the ends Of pop
ular government, not to hinder them and all
doubtful points arising under them should be
construed in favor Of popular sovereignty
One of the highest functions of popular SOW
ereignty is filling elective Offices These be-
long to the people, and whenever they become
vacant should revert to the people to be filled
at the earliest opportunity. 1t is far more
important that an office should be filled by
popular election than that the election should
take place i'll a particular year. The will of
the people is the essence of the matter, and
whether it is declared in an odd-numb ered
or an even-numbsred year is of small conse-
quence. The court says, in effect, that moth
ing could justify or legalize an election for
Acknowledgements in any year between 1886
and 1890.
As the constitutional provisions relating to
tfe election and term of the Governor are
precisely the same as those relating to the
Lieutenant-governor the same ruling must
apply to him, viz: that Governor can only
be elected in the years 1886, 1890, etc. Sup
pose as might have happened, that Governor
Gray and Lieutenant-governor Manson had
both died within month after their election,
would Judge Ayres, or any one else claim
that the then President of the Senate would
have become Governor until the general cleo
ton of 1S90-two years before the general
election of 1886 and two years afterg We
think not. Everybody would have recognized
the propriety of an election by the people in
1856 to fill the unexpired terms of both Offices
Or suppose, as might very easily have hap
pened, that the Senate two wears ago had
elected as President of the Senate Senator
whose term expired in 1885, and that General
Manson had vacated the office of Lieutenant
governor as and when he did Then when
the present Senate met it would have had no
President Would Judge Ayres or any one
else, claim that the new President of the Sen.
ate would become ex officio Lieutenant gov
ernor over Colonel Robertson, chosen by the
peopleg We think not. Mr. Green
Smith happens to be holding-over
Senator, bat that does not make
his title to the office of Leutenant-governor a
particle stronger than if he were a new Sera-
tor, just elected President Of the Senate Or
suppose still another case, not likely to arise,
but possible, that Governor GRAY, Lientenant
governor Manson and Green Smith had ali
died in 1885, would Judge Avres or anyone
else say that it would have been unconstitu-
tional for the people to elect Governor and
acknowledgements in November, 1856, to fill
the unexpired terms9 We think not. Con-
stitutions made by the people, and must
not be used to tie their hands or einbarrass the
functions Of government. Under the ruling
of Judge Avres, if the Governor Lieutenant
governor and President of the Senate should
all die within month after regular election,
the people would remain four years without |
government of their choice, because forsooth,
they could not fill the vacancies until the ex-
piration Of the four years term Under those |
circumstances the only executive officer the
State could have for nearly four years would |
be new President of the Senate, chosen by |
snecal session of the Legislature. With due |
respect to the court, we submit that such a |
construction of the Constitution is repugnant |
to common sense. The people have right TO |
fill all vacancies in elective offices at the first